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Patna High Court

Raja KumarversusThe State of Bihar through its Principal Secretary, Home Department, Government of Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation and ordered the authority to pass an order for release of the motorcycle within a month.

Summary

Raja Kumar filed a FIR on 27‑01‑2025 reporting theft of his Pulsar motorcycle (Reg. No. BR01HL0466). The bike was later seized by police in a separate case (Harihar Nath PS Case No.34 of 2025) for alleged involvement in transporting illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner contended that the vehicle was stolen and he should not be held liable for the liquor offence, seeking its release. The State argued that the seizure was lawful but acknowledged the earlier theft FIR. The Court observed that the earlier FIR should have been considered before retaining the vehicle and directed the petitioner to file a fresh representation for release, ordering the concerned authority to decide within a month. The petition was thereafter disposed.

Issues considered

  • Whether a vehicle stolen and reported in an FIR can be lawfully retained by police in a separate case involving illicit liquor transport.
  • Whether the petitioner is entitled to the release of his seized motorcycle despite its alleged use in a prohibited activity.

Legislation cited

Subjects

  • theft
  • vehicle seizure
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal writ jurisdiction
  • release of property
  • police custody

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Writ Jurisdiction Case No.3294 of 2025
                      Arising Out of PS. Case No.-96 Year-2025 Thana- KANKARBAG District- Patna
                 ======================================================
                 Raja Kumar S/o Bhola Saw Resident of Mohalla - Postal Park, Road, No. 1,
                 P.S- Kankarbagh, District - Patna

                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar through its Principal Secretary, Home Department,
                 Government of Bihar, Patna Bihar
           2.    The Additional Chief Secretary, Home Department , Government of Bihar,
                 Patna Bihar
           3.    The Senior Superintendent of Police, Patna Bihar
           4.    The Station Head Officer, P.S - Kankarbagh, District - Patna Bihar
           5.    The Station Head Officer, P.S - Harihar Nath, District - Saran Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Sanjay Kumar Sharma, Advocate
                 For the Respondent/s    :       Mr. Ravi Kumar, AC to GP-13
                                                 Mr. Akshay Lal Prasad, AC to GP-13
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-01-2026                 The present writ petition has been filed for direction

                   to the concerned respondent authority to release the stolen

                   vehicle     (Pulsar       motorcycle)       bearing      Registration          No.

                   BR01HL0466, Chassis No. MD2B72BX1PPG53770, Engine

                   No. JEXPPG53869 of the petitioner which has been stolen by

                   unknown persons for which Kankarbagh P.S. Case No. 96 of

                   2025, dated 27.01.2025 was registered for the offence under

                   Section 303(2) of B.N.S. and thereafter, said vehicle was seized

                   in Hariharnath P.S. Case No. 34 of 2025, dated 03.03.2025
Patna High Court CR. WJC No.3294 of 2025(2) dt.12-01-2026
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          registered for the offence under Section 30(a) of Bihar

          Prohibition and Excise (Amendment) Act.

                      2. Learned counsel for the petitioner submits that the

          petitioner has already registered FIR on 27.01.2025 for theft of

          his vehicle and thereafter, same vehicle was used by the

          miscreants in transportation of illicit liquor. The petitioner or his

          vehicle could not be made liable for transportation of illicit

          liquor. Even then the petitioner has approached the authority by

          filing representation (Annexure-4), the vehicle of the petitioner

          has not been released.

                      3. Learned counsel appearing on behalf of State-

          respondents submits that appropriate orders may be passed in

          this case since the FIR of the petitioner has been registered

          much prior to registration of the second FIR in which

          motorcycle has been seized and has been kept in custody.

                      4. From perusal of record and submission made on

          behalf of the parties, it is very much apparent that the petitioner

          is being harassed for no reason. The motorcycle of the petitioner

          was stolen and he lodged Kankarbagh P.S. Case No. 96 of 2025

          for the theft. Subsequently, the motorcycle of the petitioner was

          seized by the police in connection with Hariharnath P.S. Case

          No. 34 of 2025 was registered on 03.03.2025. If the petitioner
            Patna High Court CR. WJC No.3294 of 2025(2) dt.12-01-2026
                                                        3/3




                      approached the authority concerned for release of his vehicle,

                      the authority concerned should have passed order taking into

                      consideration the earlier lodged FIR of the petitioner regarding

                      theft of his motorcycle. But it appears no orders have been

                      passed till date.

                                  5. In the light of aforesaid discussion, the petitioner is

                      directed to approach the authority concerned afresh by filing

                      representation for release of his motorcylce bearing Registration

                      No. BR011HL0466 within a week and thereafter, the authority

                      concerned is directed to pass appropriate order in connection

                      with release of the motorcycle of the petitioner within a month.

                                  6. With the aforesaid observation and direction, the

                      present petition stands disposed of.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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